this Section partition means any partition made by
execution of a deed of partition duly registered under the
Registration Act ... partition or partition by unregistered document which is
not followed by partition by metes and bounds on the one
hand and oral partition or partition
step is taken that the provisions of Section 4 of
the Partition Act will come into play. Excepting Section 4
of the Partition Act there ... before the right of pre-emption
under Section 4 of the Partition Act is claimed, the
conditions laid down therein have to be satisfied
this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act ... stipulates that "partition' means any partition made by execution of a deed of partition duly registered under the Registration Act or partition effected
partition deed i.e.
an instrument of partition and not a mere memorandum recording an
already completed or effectuated oral partition. This contention ... partition
deed or a memorandum recording an oral partition, the question that
needs examination is whether it refers to an act in presenti
Act, or that it was not registered although it should have been registered under the Registration Act , does not apply to pre-Act- partition ... Registration Act is still valid in law and the authority while determining the excess vacant land under the Act cannot ignore such a partition effected
explained that partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected ... this section partition means any partition made by execution of a deed of partition duly registered under the Registration Act
this section
"partition" means any partition made by execution of a
deed of partition duly registered under the Registration
Act ... hand. It is only where an oral
partition or partition by unregistered document is not
followed by partition by metes and bounds, evidenced by
entries
this section, "partition" means any
partition made by execution of a deed of partition duly registered under
the Registration Act ... Explanation defines "partition" as any partition made by execution of a
deed of partition duly registered under the Registration Act, 1908 or partition
section 6(5)
recognises partition effected by execution of a
deed of partition duly registered under the
Registration Act, 1908 or by a decree ... this
section partition means any partition made by
execution of a deed of partition duly registered
under the Registration Act
passed by the court ?.
11. Section 4(1) of the Partition Act provides that if a
partition suit by transferee of share in a dwelling ... decree for pre-emption.
Referring to section 4 of the Partition Act, the Patna High Court
observed that sub-section (1) of section